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How to handle contract disputes

Whether you are an employer or an employee, facing a dispute in the workplace can be very stressful. As an employee you worry about the security of your job and as an employer you worry about messy court cases and negative employee relations. If you find yourself in a dispute over your contract – as an employer or employee - following the advice below will help you to handle your contract dispute easier.

How should I handle a contract dispute?

If you do find yourself in the middle of a contract dispute, there are a number of ways you can resolve it. Of course, it will depend on the specifics of your particular dispute and your individual situation. The usual ways of resolving contract disputes are through mediation, arbitration or another kind of negotiation or conflict resolution. A contract is a formal legal document, if you or your employer breeches that contract then the person or organisation at the receiving end of the breach is entitled to take legal action.

You can, however, attempt to resolve a conflict with the person you made the contract with. This is certainly the most cost effective way of dealing with a contract dispute and means you do not have to take the dispute to a third party. If you can resolve the dispute amicably then you may save yourself time, stress and money. Taking a contract dispute to court could cost you thousands in legal fees and there is no guarantee that the court will find in your favour. Added to that you will have all of the stress that comes with it, with money troubles added to that. Also, sometimes you could be legally unable to get a new job if it is written in your contract, and sometimes prospective employers will be wary of hiring someone with a record of disputes. If you feel you are able to talk things through with the party concerned, it is certainly advised that you do so.

The next option would be to attempt mediation. Mediation is a form of Alternative Dispute Resolution (ADR) and means that the parties involved in the dispute work with a third party who is impartial and can help them resolve their conflict. A mediator will not say who is in the right or wrong - they simply help both parties come to an agreement that will suit both of them. If mediation doesn’t work then the next option is arbitration. This is when, unlike mediation, an arbitrator reviews all the evidence from both parties involved in the dispute and makes a decision, which both parties are bound to by agreement.

If none of these ADR options resolve your dispute and it is not possible to resolve the dispute out of court, then you will need to seek professional legal advice and search for qualified contract dispute solicitors to ensure you follow the legal protocols and procedures. You can find the right solicitor for your individual case by conducting a solicitor search on the Internet.

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